11-1080 JASON HARDY OAKES, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-1080

Case Date: 04/02/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JASON HARDY OAKES , Appellant, v. STATE OF FLORIDA , Appellee. _____________________________/ Opinion filed April 2, 2012. An appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-1080

MARSTILLER, J. Appellant, Jason Hardy Oakes, seeks reversal of his conviction for false imprisonment arguing the trial court should have granted his motion for judgment of acquittal because the State's evidence did not show he confined the victim or

otherwise restrained her from leaving her apartment after a domestic violence incident. We affirm. At Appellant's trial on charges of domestic battery by strangulation, false imprisonment, and battery, the victim testified that Appellant, who at the time was her boyfriend, visited her home on the date of the incident. During the visit, they argued on her porch, at which point Appellant threatened her, shoved her, and "lightly choked" her. They eventually went inside the house, where the argument continued. The victim warned Appellant she would call the police if he did not leave. Hearing this, Appellant punched her, knocking her to the floor. Appellant then pinned her to the ground by placing his knees on her shoulders, and repeatedly hit her in the head and choked her. False imprisonment is defined as: [F]orcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

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